What Happens If My Ex Refuses Financial Disclosure?

“I’ve given you everything you need.”

But you haven’t received the bank statements.

The tax returns are missing.

Nobody has explained the trust.

There are transfers you cannot identify.

And the business financials seem to stop just before separation.

Financial disclosure is one of the most important parts of a family law property matter.

And refusing disclosure does not make the obligation disappear.

What is financial disclosure in family law?

Parties to financial proceedings have duties to provide full and frank disclosure of their financial circumstances.

The documents required will depend on the case. They can include documents relating to:

• bank accounts
• credit cards
• mortgages and loans
• taxation
• superannuation
• shares and investments
• businesses
• companies
• trusts
• partnerships
• cryptocurrency
• property
• other financial resources or interests

Disclosure is not necessarily a one-off event. The duty continues as circumstances change.

What if my ex says the documents aren’t relevant?

Your former partner does not necessarily get the final say on relevance.

If a document is relevant to identifying or valuing the parties’ interests or understanding their financial circumstances, it may need to be disclosed.

Complex corporate and trust structures can require particularly careful disclosure.

What can I do if my ex won’t provide bank statements?

There are several potential options.

The first step will often involve clearly identifying what is missing and formally requesting it.

If disclosure is still not provided, it may be necessary to seek Court orders.

In appropriate cases, subpoenas can also be issued to third parties such as banks, accountants or other organisations that hold relevant records.

Can I find bank accounts I don’t know about?

This is where family law disclosure can become more investigative.

A lawyer or forensic accountant may examine existing records for evidence of unidentified accounts or transfers.

For example, a disclosed bank statement may show regular transfers to an account that has never itself been disclosed.

Company records, tax documents, loan applications and accounting records can also reveal information about assets or interests that require further investigation.

You do not necessarily need to know where every asset is before asking questions about it.

What happens if somebody deliberately hides assets?

Deliberate non-disclosure can have serious consequences.

The Court can consider a party’s failure to make proper disclosure when dealing with a financial case and may make procedural or costs orders.

In serious cases, non-disclosure can also affect substantive outcomes.

Trying to conceal an asset is therefore not necessarily an effective strategy.

What about trusts and companies?

A person cannot necessarily avoid scrutiny simply by saying:

“That’s the company’s money, not mine.”

Companies and trusts are separate legal structures and need to be treated correctly.

However, interests in and control over those structures may be highly relevant in family law proceedings.

The exact structure needs to be understood.

Who owns the shares? Who is the director? Who is the trustee? Who are the beneficiaries? Who can appoint or remove the trustee? Who actually controls the money?

Those questions can matter.

You don’t have to conduct the investigation yourself

People sometimes come to us with hundreds of pages of bank statements and feel they need to solve the entire financial puzzle before seeing a lawyer.

You don’t.

Start with what you know.

Identify what does not make sense.

Then work out what documents should exist and how they can be obtained.

Melmark Law acts in family law property matters involving complex disclosure, businesses, companies, trusts and disputed asset pools.

If the financial picture does not add up, that is often a reason to investigate further rather than simply accepting the figures you have been given.

This article provides general information only and does not constitute legal advice. You should obtain advice about your individual circumstances.